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[2008] VCAT 1340
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2008-07-10
Original judgment source is linked above.
[1] Section 49 Statement, p.1, para [4]
[2] I refer to documents 1, 2 and 3 collectively as 'the documents'
[3] See s3(2) of the FOI Act and more generally s35(a) of the Interpretation of Legislation Act 1984, which directs that in the interpretation of a provision of an Act a construction that would promote the purpose or object underlying the Act shall be preferred to a construction that would not promote that purpose or object.
[4] See generally Sobh v Police Force of Victoria [1994] VicRp 2; [1994] 1 VR 41 at 61 per Ashley J; Accident Compensation Commission v Goom [1991] VicRp 72; [1991] 2 VR 322 and Secretary to the Department of Treasury and Finance v Dalla-Riva [2007] VSCA 11 at [13].
[5] See Wallace v Health Commission of Victoria [1985] VicRp 43; [1985] VR 403 at 406; Birrell v Victorian Economic Development Corporation (1989) 3 VAR 358.
[8] at [94] per Maxwell P, at [114] per Ashley JA
[12] Re Hutchison and Department of Human Services (1997) 12 VAR 422; Re F and Health Department (1988) 2 VAR 458, 461.
[13] (1998) 2 VAR 243 at 245-246; Cited with approval by Hansen J in Marke v Victoria Police [2007] VSC 522 (13 December 2007).
[14] Re Gill and Department of Industry, Technology and Resources (1985) 1 VAR 97, 106.
[15] Re City Parking Pty Ltd and City of Melbourne (1996) 10 VAR 170, 198.
[16] Re Byrne and Swan Hill Rural City Council (2000) 16 VAR 366 at 372-3 and 376; Re Page and Metropolitan Transit Authority (1988) 2 VAR 243, 245-6.
[17] Re Ku-Ring-Gai Co-operative Building Society (No 12) Ltd [1978] FCA 50; (1978) 36 FLR 134 per Deane J, with whom Brennan J agreed.
[19] [1990] HCA 17; (1990) 169 CLR 594 at 604 per Mason CJ and Deane J, Dawson and Gaudron JJ
[20] Re Marple and Department of Agriculture (1995) 9 VAR 29 at 76 per Macnamara DP
[21] Re Ku-Ring-Gai Cooperative Building Society (No 12) Ltd (1978) 36 FLR 136 at 167 per Deane J; Byrne v Swan Hill Rural City Council (2000) 16 VAR 366
[22] City Parking Pty Ltd v City of Melbourne (1996) 10 VAR 170 at 185
[23] Asher v Department of Innovation, Industry and Regional Development [2005] VCAT 2702 at [38] per Judge Bowman.
[24] Accident Compensation Commission v Goom [1991] VicRp 72; [1991] 2 VR 322 at 325
[25] Binnie v Department of Industry and Technology (1986) 1 VAR 345 at 348
[26] Byrne v Swan Hill Rural City Council (2000) 16 VAR 366 at 372-3, Macnamara DP; Page v Metropolitan Transit Authority (1988) 2 VAR 243 at 246 per Judge Jones
[27] Dalla Riva v Department of Treasury and Finance [2005] VCAT 2083 at [30]; _McCulloch v University of Melbourne_28; _Stewart v Department of Tourism, Sport and the Commonwealth Games_29.
[32] Exhibit A2 Sharon Gibson statement 1 paragraph [9]
[33] Exhibit A2 Sharon Gibson statement 1 paragraph [10]
[34] Exhibit A2 Sharon Gibson statement 1 paragraph [30]
[35] Exhibit A2 Sharon Gibson statement 1 paragraph [13]
[36] Exhibit A2 Sharon Gibson statement 1 paragraph [35]; Exhibit A4 Cheryl Wragg statement paragraph [5]
[37] Exhibit A4 Cheryl Wragg statement paragraphs [10] - [13]
[39] Exhibit A2 Sharon Gibson statement 1, annexure "F" page 5; Exhibit A4 Cheryl Wragg statement paragraphs [30] - [36]
[43] Exhibit LCC4 statement of Mr Hill at para [17]
[44] Second Hill Statement, Exhibit LCC4, paras [9], [10] and [12]
[45] Exhibit LCC4; See also Exhibit LCC5 at paras [8] - [11]
[47] Exhibit LCC 4 at paras [8]-[9]; Exhibit LCC 2, [20]-[22]
[48] Exhibit LCC 2 at paras [20] - [22]; Exhibit LCC 3 at paras [16]-[17]; Exhibit LCC 4 [8]-[9]
[49] See Save Albert Park Inc v Australian Grand Prix Corporation [2008] VCAT 168 at [77] - [79].
[50] Exhibit LCC at paras [9] - [10]
[51] [2005] VCAT 2083; (2005) 23 VAR 396 at 419
[52] Secretary to the Department of Premier and Cabinet v Hulls [1999] VSCA 117; [1999] 3 VR 331 at 342-3.
[53] Secretary, Department of Justice v Osland [2007] VSCA 96 at [92].
[54] Secretary, Department of Justice v Osland [2007] VSCA 96 at [122] - [123]
[55] Secretary, Department of Justice v Osland [2007] VSCA 96 at [91] per Maxwell P; Also see Bongiorno AJA at [129]
[56] City Parking Pty Ltd v City of Melbourne (1996) 10 VAR 170, 234-5.
[57] Respondent's submission's at paragraph 2.24
[60] See Exhibit LCC4 at paras [12]-[13] and Exhibit LCC5 at paras [12]-[13]
Gibson
Latrobe CC
(1978) 36 FLR 134
(1990) 169 CLR 594
(1978) 36 FLR 136